Foreigners, local lose final appeals on death sentences
Published on: Wednesday, January 16, 2019
By: Jo Ann Mool
KOTA KINABALU: Two foreigners and a local, lost their final appeals on Monday against their respective convictions and death sentences for murder.
A five-member Federal Court panel comprising Chief Justice of Malaysia, Tan Sri Richard Malanjum, Chief Judge of Malaya Tan Sri Zaharah Ibrahim, Dato’ Sri Balia Yusof Haji Wahi, Dato’ Tengku Maimun Tuan Mat and Datuk Nallini Pathmanathan dismissed the appeal by Filipino Arjie Serenio, Indonesian Alsar Imagu and local Muhd Halid Mappa after hearing submissions from their respective counsels and the prosecution as respondent.
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The apex court in their unanimous decision found no reason to allow their appeals and affirmed their respective convictions and death sentence.
Construction labourer Arjie, 31, who was sentenced to death for the murder of his fellow countryman, appealed against the High Court’s decision on Dec 30, 2016.
He was found guilty of murdering one Roldan, 30, who was his co-worker, at 4pm on Jan 24, 2014 at a housing construction site in Kg Sunsuron, Tambunan.
The offence under Section 302 of the Penal Code carries the death sentence on conviction.
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Arjie’s appeal was rejected by the Court of Appeal on March 6, 2018.
Earlier, assigned counsel Dato’ Sri Rakhbir Singh, representing Arjie, submitted that both the High Court and Court of Appeal did not make specific finding that the appellant inflicted the injuries on the deceased and there was no intention to kill by the appellant.
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Deputy Public Prosecutor (DPP) Norinna Bahadun rebutted that there was intention to kill by the appellant based on the 39 injuries suffered by the deceased and also evidence from the two co-workers who witnessed him brutally attacking the deceased with a sledgehammer.
The other appellant, Alsar, a caretaker of a accommodation, was sentenced to death by the Sandakan High Court in 2016 after he was convicted of murdering debt collector, one Gan Boon Yong, with a knife at 2.10pm on Aug 1, 2013 at the five-foot way behind the Popular Sport shop, Lorong 2, Sandakan town.
His appeal was dismissed by the Court of Appeal on Sept 26, 2017.
Retained Counsel Farazwin Haxdy, representing Alsar, submitted among others, that the trial judge had erred in law.
She said there was no provocation and the judge did not consider the fact that prior to the incident, Gan had punched Alsar without any reason until they met again, which led to the incident that caused Gan’s death.
Farazwin also submitted that the trial judge also erred in law by deciding that it was a pre-meditated murder committed by Alsar.
She submitted that Alsar only took the weapon from a restaurant as a precaution in meeting Gan after being punched by the latter the first time.
DPP Norinna rebutted that there was no sudden provocation because there was a cooling off period of one hour between the first and second incident, and that the trial judge was correct in deciding that there was premeditated murder by Alsar’s act of taking a knife from the restaurant and brought it to the second incident.
The other appellant, Muhd Halid Mappa, a van driver was convicted by the Sandakan High Court on Feb 21, 2012 after he was found guilty of murdering his wife, Verisin @ Veris Alip, between 9am and 10.50am on May 10, 2009 at Kg Langkabang, Tongod in Kinabatangan.
The Court of Appeal rejected his appeal on Sept 26, 2017.
Earlier, counsel Hamid Ismail, representing Halid, submitted on the improper evaluation by the trial judge on Halid’s cautioned statement in which he stated that the wife was trying to commit suicide and that he tried to stop her.
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